HAR §15-306-32. Definitions

For purposes of this subchapter: "Complete application" means: (1) All of the materials required to be submitted to the corporation as set forth in §15-306-12, above; (2) A copy of the executed collective bargaining agreement or project labor agreement for the rental housing project; and (3) Department of labor and industrial relations approval of prevailing wages for laborers and mechanics employed for construction of the project pursuant to §104-2 (i) (2), HRS, in a form established by said department. "Contracting" shall have the same meaning as it does in §237-6, HRS. "Governmental contracting agency" shall have the same meaning as it does in §104-2, HRS. "Project labor agreement" means a collective bargaining agreement or an agreement otherwise compliant with 29 U.S.C. §158(f) for the rental housing project for which an exemption is being claimed under this subchapter. [Eff 10/27/18; comp FEB 1 8 2022 ] (Auth: HRS SS104-2, 237-29, 201 H-36) ( Imp : HRS § § 201 H-3 6, 2 3 7-2 9 ) §15-306-33 Types of income eligible for exemption. Only gross income received by a qualified person or firm for contracting for the new construction or substantial rehabilitation of an affordable rental housing project may be exempted from general excise taxes. [Eff 10/27/18; comp FEB 1 8 2022 I (Auth: HRS SS104-2, 237-29, 201H-36) (Imp: HRS §§ 201H-36, 237-29) 306-20 54541 §15-306-35 §15-306-34 Exemptions for projects developed under a contract compliant with section 104-2(i) (2), HRS. (a) From July 1, 2018 to June 30, 2030, the corporation may approve and certify eligible persons or firms involved with a newly constructed, or substantially rehabilitated affordable rental housing project for exemption from general excise taxes, provided that: (1) All available units in the affordable rental housing project are for persons and families at or below one hundred forty per cent of the area median family income as determined by HUD, of which at least twenty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by HUD; (2) The affordable rental housing project has received no other direct or indirect financing for the construction project from any other government contracting agency, including the corporation; and (3) The project owner shall not refuse to lease a unit to an applicant solely because the applicant holds a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937, as amended. (b) Claimants under this section are subject to all applicable requirements set forth in subchapters 1 and 2 of these rules. [Eff 10/27/18; comp FEB 1 8 2022 ] (Auth: HRS §§104-2, 237-29, 201H-36) (Imp: HRS§§ 201H-36, 237-29) §15-306-35 Corporation review of claims for exemption. In each fiscal year, the corporation shall review claims for exemption under this section in the order in which complete applications are received and time-stamped. [Eff 10/27 /18; comp FFR , 8 20l2 ] (Auth: HRS §§104-2, 237-29, 201H-36) (Imp: HRS §§ 201H-36, 237-29) 306-21 §15-306-35 S15-306-34 Exemptions for projects developed under a contract compliant with section 104-2 (i) (2), HRS. (a) From July 1, 2018 to June 30, 2030, the corporation may approve and certify eligible persons or firms involved with a newly constructed, or substantially rehabilitated affordable rental housing project for exemption from general excise taxes, provided that: (1) All available units in the affordable rental housing project are for persons and families at or below one hundred forty per cent of the area median family income as determined by HUD, of which at least twenty per cent of the available units are for households with incomes at or below eighty per cent of the area median family income as determined by HUD; (2) The affordable rental housing project has received no other direct or indirect financing for the construction project from any other government contracting agency, including the corporation; and (3) The project owner shall not refuse to lease a unit to an applicant solely because the applicant holds a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937, as amended. (b) Claimants under this section are subject to all applicable requirements set forth in subchapters 1 and 2 of these rules. [Eff 10/27/18; comp FEB i 8 2022 (Auth: HRS SS104-2, 237-29, 201H-36) (Imp: HRS §§ 201H-36, 237-29) §15-306-35 Corporation review of claims for exemption. In each fiscal year, the corporation shall review claims for exemption under this section in the order in which complete applications are received and time-stamped. [Eff 10/27/18; comp FFR { 8 202? 1 (Auth: HRS SS104-2, 237-29, 201H-36) ( Imp : HRS § § 201 H-3 6, 2 3 7 -2 9) 306-21 3454 §15-306-36 §15-306-36 Corporation approval and certification of claims for exemption. (a) The aggregate annual amount of the exemption from general excise taxes for all projects approved and certified by the corporation shall not exceed the statutory limit of $30,000,000. (b) In the event that the corporation has reached or is approaching the statutory limit referenced above, the corporation may: (1) Approve and certify claims for exemption of all or a portion of eligible gross income eligible for exemption under this subchapter, subject to the statutory limit; or (2) Roll over claims for exemption to the next fiscal year. Any claims rolled over under this provision shall be placed ahead of applications that are subsequently received. [Eff 10/27/18; comp 1 8 ?On ] (Auth: HRS §§104-2, 237-29, 1H-:-3oji.. (Imp: HRS§§ 201H-36, 237- 2 9) 306-22 §15-306-36 §15-306-36 Corporation approval and certification of claims for exemption. (a) The aggregate annual amount of the exemption from general excise taxes for all projects approved and certified by the corporation shall not exceed the statutory limit of $30,000,000. (b) In the event that the corporation has reached or is approaching the statutory limit referenced above, the corporation may: (1 ) Approve and certify claims for exemption of all or a portion of eligible gross income eligible for exemption under this subchapter, subject to the statutory limit; or (2 ) Roll over claims for exemption to the next fiscal year. Any claims rolled over under this provision shall be placed ahead of applications that are subsequently received. [Eff 10/27/18; comp FEB 1 8 2M77 (Auth: HRS SS104-2, 237-29, 201H-3) (Imp : HRS SS 201H-36, 237- 29) 306-22 T U
 DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Amendments to and compilation of chapter 15-306 , Hawaii Administrative Rules, on the Summary Page dated December 15, 2021 were adopted on December 16, 2021 following a public hearing held on November 8, 2021 after public notice was given in the Honolulu Star- Advertiser, The Garden Island, Maui News, West Hawaii Today, and the Hawaii Tribune-Herald newspapers on October 4, 2021. They shall take effect ten days after filing with the Office of the Lieutenant Governor. zz. DONN MENDE, Chair Hawaii Housing Finance and Development Corporation CHOY, Director Department of Taxation APPROVED: Governor State of Hawaii Dated: Filed - '45 DONN MENDE, Chair Hawaii Housing Finance and Development Corporation CHOY, Director Department of Taxation zz. DEPARTMENT OF BUSINESS, ECONOMIC DEVELOPMENT, AND TOURISM Amendments to and compilation of chapter 15-306, Hawaii Administrative Rules, on the Summary Page dated December 15, 2021 were adopted on December 16, 2021 following a public hearing held on November 8, 2021 after public notice was given in the Honolulu Star­ Advertiser, The Garden Island, Maui News, West Hawaii Today, and the Hawaii Tribune-Herald newspapers on October 4, 2021. They shall take effect ten days after filing with the Office of the Lieutenant Governor. SS: Ed 8- 833 Z. DONN MENDE, Chair Hawaii Housing Finance and Development Corporation CHOY, Director Department of Taxation APPROVED: Governor State of Hawaii Dated: Filed 9'454